Case Note & Summary
The petitioner, a meritorious student pursuing B.Tech (Computer Engineering) at Mukesh Patel School of Technology Management & Engineering (respondent no.1), was expelled from the institute after a criminal case (Crime No. 262 of 2017) was registered against him under Sections 376(2)(N), 417, 323, and 504 of the Indian Penal Code at Samta Nagar Police Station. The FIR alleged that the petitioner committed sexual assault on the complainant on the pretext of marriage. The petitioner was arrested but released on bail on 31st July 2017. The institute expelled him solely on the basis of the registration of the crime, without any disciplinary proceedings or inquiry. The petitioner challenged the expulsion, arguing that the crime was not related to the institute or its students, and that the expulsion violated principles of natural justice and his right to education. The court held that expulsion without any disciplinary proceedings and without affording an opportunity of hearing is arbitrary and violative of natural justice. The court allowed the petition, quashed the expulsion order, and directed the institute to permit the petitioner to continue his studies, subject to the outcome of the criminal case.
Headnote
A) Education Law - Expulsion of Student - Registration of Crime - Natural Justice - Whether a student can be expelled from an institute solely on the ground of registration of a criminal case not arising out of or in relation to the institute - Held that expulsion without any disciplinary proceedings and without affording opportunity of hearing is violative of principles of natural justice and the right to education (Paras 2-7).
Issue of Consideration
Whether a student can be expelled from an educational institute solely on the ground of registration of a criminal case against him, which does not arise out of or in relation to the institute or its students.
Final Decision
The court allowed the petition, quashed the expulsion order, and directed the institute to permit the petitioner to continue his studies, subject to the outcome of the criminal case.
Law Points
- Natural justice
- Right to education
- Expulsion based on criminal registration
- Disciplinary proceedings
- Proportionality
Case Details
2017 LawText (BOM) (10) 165
Writ Petition No. 9889 of 2017
B.R. Gavai, Sandeep K. Shinde
Mihir Desai (Senior Advocate) i/by Kuldeep U. Nikam for petitioner; A.P. Singh i/by M/s. S.K. Srivastav and Associates for respondents 1 and 2; Kavita N. Salunke (AGP) for respondent 3
Mukesh Patel School of Technology Management & Engineering, Narsee Monjee Institute of Management Studies (NMIMS), State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging expulsion of a student from an educational institute based on registration of a criminal case not related to the institute.
Remedy Sought
Petitioner sought quashing of expulsion order and permission to continue his studies.
Filing Reason
Petitioner was expelled from the institute solely because a criminal case was registered against him for alleged sexual assault, which was not related to the institute or its students.
Issues
Whether expulsion of a student solely on the ground of registration of a criminal case not arising out of or in relation to the institute is valid.
Whether principles of natural justice require an opportunity of hearing before expulsion.
Submissions/Arguments
Petitioner argued that the crime was not related to the institute and that expulsion without any disciplinary proceedings violated natural justice and his right to education.
Respondents argued that the institute has the right to expel a student involved in criminal activities to maintain discipline and reputation.
Ratio Decidendi
Expulsion of a student solely on the basis of registration of a criminal case not related to the institute, without any disciplinary proceedings or opportunity of hearing, is arbitrary and violative of principles of natural justice and the right to education.
Judgment Excerpts
The issue that fell for consideration in this petition is whether a student could be expelled from the Institute on account of registration of a crime against him not arising out and/or in relation to Institute and/or students of Institute but otherwise.
Procedural History
The petitioner filed a writ petition before the Bombay High Court challenging the expulsion order. The court heard the matter and delivered judgment on 10th October 2017.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(N), 417, 323, 504
